NATIONAL INSURANCE COMPANY LTD. Vs. RAM VEER SINGH

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 27.05.2015 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Appeal No. 512/14 ­ National Insurance Co. Ltd. Vs. Ramveer Singh by which, appeal was dismissed.

(2.) Brief facts of the case are that complainant/respondent got his Mahindra Bolero UP-84-J-0197 insured from OP/Petitioner for a period from 5.9.2012 to 4.9.2013. Complainant's car was stolen on 8.10.2012 and on 9.10.2012, complainant approached Police Station for lodging report, but Police asked to search the vehicle and report will be registered later on. On 16.12.2012, complainant sent a letter to SP, Mainpuri for registering FIR, but no FIR was registered. Then, he approached to Judicial Magistrate and then on his direction FIR was registered on 24.11.2012. It was further submitted that complainant approached Branch Office of OP on 10.10.2012 to intimate theft of vehicle, but Branch Manager refused to take letter and asked him to get FIR registered and later on, complainant intimated to OP by second letter dated 15.2.2013 about theft of vehicle, but OP repudiated claim. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP No. 2 was proceeded ex-parte and OP No. 1 & 3 resisted complaint and submitted that intimation of theft was to be given to the Police on the same day and immediate intimation was to be given to the OP whereas intimation to OP was given on 4.1.2013, i.e. after 2 months 26 days; so, claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP No. 1 & 3 to pay Rs.4,40,000/- with 6% p.a. interest along with Rs.5,000/- as compensation and Rs. 2000/- as litigation expenses. Appeal filed by OP No. 1 & 3 was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.